EKO JCA (Delivering the Lead Judgment): The dispute in this interlocutory appeal is - what rules of practice and procedure should a person, complaining that any of his fundamental rights had beenviolated, invoke in the enforcement of his fundamental right at the High Court? The appellant says it is only the Fundamental Rights (Enforcement Procedure) Rules, and not the High Court (Civil Procedure) Rules of the State High Court. On the other hand, the respondent maintains that either of the two; the Fundamental Rights(Enforcement Procedure) Rules, or the State High Court (Civil Procedure) Rules, could be resorted to.
The appellants were the defendants at the Rivers State High Court sitting at Omoku in the matter they were, inter alia , alleged to have tortured, dehumanized and falsely imprisoned the claimant/respondent contrary to his rights guaranteed by the African Charter on Human and Peoples’ Rights. The claimant alleges further that the appellants subjected him to trial by ordea…